Agenda, decisions and minutes

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

(1)     Members must consider their interests, and act according to the following:

(2)     Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)     Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them. A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992.

Members were asked to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests.None were declared.

To approve and sign the minutes of the Executive meeting held on 16 November 2023.           

Resolved:  That the minutes of the Executive meeting held on 16 November 2023 be approved and then signed by the Chair as a correct record.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the Executive.

Please note that our registration deadlines are set as 2 working days before the meeting, in order to facilitate the management of public participation at our meetings.  The deadline for registering at this meeting is 5:00pm on Tuesday 12 December 2023.         

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form.  If you have any questions about the registration form or the meeting, please contact Democratic Services.  Contact details can be found at the foot of this agenda.

Webcasting of Public Meetings

Please note that, subject to available resources, this meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

It was reported that there had been 5 registrations to speak at the meeting under the Council’s Public Participation Scheme. However, one speaker did not attend the meeting.

Flick Williams raised the withdrawal of the application for a railway crossing in Copmanthorpe by Network Rail. She noted the challenges in campaigning for a new crossing to be accessible and asked what the Council’s position would be if a new application was submitted.

Cllr Warters raised concerns regarding how the Council had managed capital projects under previous administrations and invited the Executive to take a back to basics approach with the upcoming budget and leave major projects to the private sector.

Gwen Swinburn spoke on the governance of the Council. She asked that the Council publish a forward plan for decision making which provides in some cases such as reprocurement options a year in advance of a decision being made.

Nigel Poulton CEO of the Island Children Charity in York informed the Executive of the charities vision and aim to support children and confirmed that they were seeking to provide a new centre for their work.

To receive details of those items that are listed on the Forward Plan for the next two Executive meetings.

Members received and noted details of the items that were on the Forward Plan for the next two Executive meetings at the time the agenda was published.

The purpose of this report is to invite the Executive to receive details of  the annual nomination of the Lord Mayor for the City of York Council. The Executive will be asked to formally confirm those with the most points to qualify for nomination of the Lord Mayor for the forthcoming municipal year, 2024/2025.

Resolved:

                      i.         Noted the accumulated points system;

                    ii.         Invite the Labour Group to consider accepting the nomination for Lord Mayor for 2024/2025, in line with the accumulated points system.

Reason:    To ensure that the Council adopts an appropriate method by which to nominate Lord Mayors for Office.

The Director of Governance informed the Executive of the results of the accumulated points system. he recommended the Executive to agree to invite Labour Group to consider accepting nomination for Lord Mayor for 2024/2025, in line with the results from the accumulated points system.

The Executive Leader acknowledged the result of the accumulated point system and thanked the current Lord Mayor Cllr Cullwick and the Civic team for their work on behalf of the city.

Resolved:

                      i.         Noted the accumulated points system;

                    ii.         Invite the Labour Group to consider accepting the nomination for Lord Mayor for 2024/2025, in line with the accumulated points system.

Reason:    To ensure that the Council adopts an appropriate method by which to nominate Lord Mayors for Office.

This report will describe the outputs and recommendations of work undertaken by the Council of the City of York (“CYC”) and York Human Rights City Network (“YHRCN”) to refresh governance arrangements and Terms of Reference (“TOR”) for the HREB.

Resolved:

                      i.         Approved the refreshed governance arrangements included in the report including the new Terms of Reference for the Human Rights and Equalities Board at Annex A of the report;

                    ii.         Noted the response to the YHRCN Annual Indicator Report.

                   iii.         Noted the plans for developing Human Rights & Equality Analysis (“HREA”) to support decision-making and plans for subsequent officer training.

Reason:    To allow the Human Rights and Equalities Board and its

members to move forward in ensuring that York delivers against its commitment as a Human Rights City.

Assistant Director Customer, Communities and Inclusion introduced the report noting that the previous administration had  sought to recommit to York as a Human Rights City. This followed a fundamental breakdown of the relationship between CYC and the York Human Rights City Network (YHRCN) due to City Centre Access decisions made by the previous administration in 2021.

Executive Member for Finance, Performance, Major Projects,

Human Rights and Equalities noted the Executive’s disappointment that the HREB was allowed to breakdown due to decision’s taken by the Council. She thanked all those involved in re-establishing the board. The Executive acknowledged the importance of human rights and noted that the Council required a board it could challenge and be challenged by.

Resolved:

                      i.         Approved the refreshed governance arrangements included in the report including the new Terms of Reference for the Human Rights and Equalities Board at Annex A of the report;

                    ii.         Noted the response to the YHRCN Annual Indicator Report.

                   iii.         Noted the plans for developing Human Rights & Equality Analysis (“HREA”) to support decision-making and plans for subsequent officer training.

Reason:    To allow the Human Rights and Equalities Board and its

members to move forward in ensuring that York delivers against its commitment as a Human Rights City.

This report provides a plan of action as the City of York Council’s (CYC) response to the Five Year Anti-Racism and Inclusion Strategy which was presented to and approved by Executive and full Council in July 2023.

Resolved:

                      i.         Approved the initial CYC Anti-Racism Action Plan attached at Annex A of the report including:

a.    Actioning the output from a workforce race equality impact assessment which will inform further plans;

b.    Reviewing further the Anti Racism and Equality Strategy findings and recommendations relating to Housing, Schools and Social Care and work with directorate management teams on dedicated responses;

c.    Continue to engage with the council’s Black, Asian and Racially Minoritised Communities (BARMC) staff group and wider workforce to inform strategy, policy and process change; and

d.    To work with city partners and IERUK 3.0 on city wide solutions.

Reason:     To demonstrate the City of York Council’s commitment to eradicating racism and working with partners to become an Anti-Racist City.

The Director of Customer & Communities introduced the report which sought to approve the plan of actions outlined within the report in response to the Five Year Anti-Racism and Inclusion Strategy which was presented to and approved by Executive and full Council in July 2023.

The Executive Leader noted that the work currently focused on the internal structures of the Council. This work would cover the representation of Council staff and how the Council recruits to better represent the city. Discussing the action plan the Executive outlined the need for measurable outcomes when embedding anti-racism into the Council’s strategies.

Resolved:

                      i.         Approved the initial CYC Anti-Racism Action Plan attached at Annex A of the report including:

a.    Actioning the output from a workforce race equality impact assessment which will inform further plans;

b.    Reviewing further the Anti Racism and Equality Strategy findings and recommendations relating to Housing, Schools and Social Care and work with directorate management teams on dedicated responses;

c.    Continue to engage with the council’s Black, Asian and Racially Minoritised Communities (BARMC) staff group and wider workforce to inform strategy, policy and process change; and

d.    To work with city partners and IERUK 3.0 on city wide solutions.

Reason:     To demonstrate the City of York Council’s commitment to eradicating racism and working with partners to become an Anti-Racist City.

This report seeks permission to reprocure the City of York Council’s Community Wellbeing and Support contract for Adults for a maximum 7-year value of £6,638,625.

Resolved:

                      i.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with the Head of Procurement (and their delegated officers) to seek Providers from the market for provision of a total 7-year Community Wellbeing contract (with initial length and breakclauses to be delegated to the Corporate Director of Adults and Integration) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “Council’s CPRs”) and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 of Public Contract Regulations 2015 (the “Procurement Regs”);

                    ii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new Community Wellbeing contract, and to award and conclude the Community Wellbeing contract following an open, fair, and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and the Light Touch Regime under the Procurement Regs;

                   iii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of leases to the appointed provider of the new Community & Wellbeing contract of:

a.    Union Terrace hostel;

b.    Robinson Court hostel;

c.    part of 16/18 Bootham;

d.    89/91 Scarcroft Road;

e.    9 Melbourne Street; and

f.     2 Sandringham Street

for a Term of 7 years from and including the Commencement Date of the service contract but excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/ termination /nonextension of the service contract;

                  iv.         Approved the extension of the current Community

Wellbeing and Support Contract for Adults with Changing Lives by 6- months until 31st July 2024;

                    v.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with both the Director Governance and the Chief Finance Officer (and their respective delegated officers) to draft, negotiate and conclude any necessary documentation with The Cyrenians Ltd (Changing Lives) to extend the Contract, in compliance with the terms and conditions of the Contract, the Council’s Contract Procedure Rules set out within Appendix 11 of the Council’s Constitution (“the Council’s CPRs”) and the Council’s statutory obligations under the Public Contract Regulations 2015 (“the Procurement Regs”);

                  vi.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of further leases to The Cyrenians Ltd (Changing Lives) of the following properties:

a.    Union Terrace hostel;

b.    Robinson Court hostel;

c.    part of 16/18 Bootham;

d.    89/91 Scarcroft Road;

e.    9 Melbourne Street; and

f.     2 Sandringham Street

for  ...  view the full decision text for item 70.

The Interim Corporate Director of Adults and Integration introduced the report which sort to extend the Changing Lives contract by 6 months, to allow the reprocurement of community wellbeing contract for 7 years. He outlined the work the contract provider would deliver, which provided accommodation for people with complex needs.

The Executive Member for Health, Wellbeing and Adult Social Care noted the increasing level of need and the challenges of budget constraints. The Executive also acknowledged the challenges to homeless individuals especially as it gets colder and noted this was why they were pursuing a new homelessness strategy. The Executive welcomed the opportunity for a 6 month contract extension to allow for a consultation process prior to reprocurement of the Adult Community Wellbeing and Support Service.

Resolved:

                      i.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with the Head of Procurement (and their delegated officers) to seek Providers from the market for provision of a total 7-year Community Wellbeing contract (with initial length and break clauses to be delegated to the Corporate Director of Adults and Integration) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “Council’s CPRs”) and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 of Public Contract Regulations 2015 (the “Procurement Regs”);

                    ii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new Community Wellbeing contract, and to award and conclude the Community Wellbeing contract following an open, fair, and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and the Light Touch Regime under the Procurement Regs;

                   iii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of leases to the appointed provider of the new Community & Wellbeing contract of:

a.    Union Terrace hostel;

b.    Robinson Court hostel;

c.    part of 16/18 Bootham;

d.    89/91 Scarcroft Road;

e.    9 Melbourne Street; and

f.     2 Sandringham Street

for a Term of 7 years from and including the Commencement Date of the service contract but excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/ termination /non-extension of the service contract;

                  iv.         Approved the extension of the current Community

Wellbeing and Support Contract for Adults with Changing Lives by 6- months until 31st July 2024;

                    v.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with both the Director Governance and the Chief Finance Officer (and their respective delegated officers) to draft, negotiate and conclude any necessary documentation with  ...  view the full minutes text for item 70.